What was the outcome of Tenancy Tribunal case 4929798?

The tribunal order states: The application for a reduction in the term of the fixed term tenancy is

How much money was awarded in case 4929798?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4929798?

The dispute type was not classified.

Where can I read the official tribunal order for case 4929798?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10849814-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 4929798?

The tribunal order states: The application for a reduction in the term of the fixed term tenancy is

How much money was awarded in case 4929798?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4929798?

The dispute type was not classified.

Where can I read the official tribunal order for case 4929798?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10849814-Tenancy_Tribunal_Order.pdf.

65 Arthur Street, Dunedin Central, Dunedin 9016 Tenancy Tribunal Case 4929798 — Tenancy dispute

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Reasons

The landlord and four of the tenants attended the hearing.

One tenant, Ms Huband, has applied for reduction of the fixed-term tenancy due to end on 31 December 2024.

Ms Huband left the premises around 18 to 20 May and the rent is now in arrears.

To date Ms Huband has been unsuccessful in finding a replacement flat mate.

The other tenants indicated they do not wish to take over paying Ms Huband’s rent.

The landlord does not want the term of the tenancy reduced but is agreeable to helping find a replacement flatmate if the tenants wish her to do so.

Should the term of the tenancy be reduced?

The usual legal position with a fixed-term contract is that the term of the contract will be applied strictly, and it is only in limited circumstances that a court or tribunal will interfere with it. For residential tenancies, one of those circumstances is found in s 66 Residential Tenancies Act 1986, which allows for the reduction of fixed term tenancy agreements.

There is a high threshold to be met before the Tribunal will reduce the term. In particular the applicant will need to establish that: a. there has been a change in their circumstances, b. the change was unforeseen, c. the unforeseen change will result in severe hardship to the applicant if the tenancy is not reduced, d. the severe hardship the applicant will suffer if the term is not reduced exceeds the hardship the other party will suffer if the term is reduced.

Unfortunate as it may be for Ms Huband, one flatmate in a joint and several tenancy cannot unilaterally apply to sever the joint tenancy if the other flatmates do not agree to do so, as is the case here.

The Tribunal has previously held that it cannot reduce the term of a fixed-term tenancy on the application of one of several co-tenants (Derbyshire v Mark & Maggies Property Company Ltd Wellington [2013] NZTT 1477WN).

Rather the nub of the matter is a dispute between flatmates about finding a replacement flatmate. The Tribunal has no jurisdiction to determine disputes between flatmates.

Reasons

The landlord and four of the tenants attended the hearing.

One tenant, Ms Huband, has applied for reduction of the fixed-term tenancy due to end on 31 December 2024.

Ms Huband left the premises around 18 to 20 May and the rent is now in arrears.

To date Ms Huband has been unsuccessful in finding a replacement flat mate.

The other tenants indicated they do not wish to take over paying Ms Huband’s rent.

The landlord does not want the term of the tenancy reduced but is agreeable to helping find a replacement flatmate if the tenants wish her to do so.

Should the term of the tenancy be reduced?

Rather the nub of the matter is a dispute between flatmates about finding a replacement flatmate. The Tribunal has no jurisdiction to determine disputes between flatmates.

Tenancy Tribunal case 4929798 — Tenancy dispute at 65 Arthur Street, Dunedin Central, Dunedin 9016

At a glance

Claims & awards

Tenancy Tribunal case 4929798 — Tenancy dispute at 65 Arthur Street, Dunedin Central, Dunedin 9016

At a glance

Claims & awards

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions

Order

Reasons

Should the term of the tenancy be reduced?

Topics & place

Residential Tenancies Act sections

Property management

Frequently asked questions